Do children exclude uncles from inheritance, and if a son dies leaving two male children, do they inherit from their grandfather, who is the father of the son?
Machine translationRead the Arabic original
The question is: Do children exclude uncles from inheritance, and if a son dies leaving two male children, do they inherit from their grandfather, who is the father of the son?
The Shaykh : Yes, male children exclude uncles from inheritance. As for children who are female, they receive their fixed shares, and the remainder goes to the nearest residuary heirs. If the uncles are the nearest residuary heirs, they are entitled to the remainder of the estate as residuary heirs. For example, if a person dies leaving two daughters and two uncles, in this case the two daughters receive two-thirds, and the remainder goes to the uncles, provided the uncles are full brothers or paternal brothers of the deceased. However, if the deceased leaves two daughters, two full brothers, and two full uncles, the two daughters receive two-thirds, and the two full brothers receive the remainder, with nothing for the uncles. This is because full brothers exclude uncles.
If a grandfather dies leaving two sons of his son, do the two grandsons inherit from him or not?
This requires a detailed explanation: If there are sons above them who exclude them, they have no inheritance. If the children above them do not exclude them, they inherit as residuary heirs.
An example of this is: If this grandfather dies leaving a son and two grandsons (sons of his son), the estate goes to the son, and the two grandsons receive nothing, because the son excludes them. If the grandfather dies leaving a daughter and two grandsons, the daughter receives half, and the remainder goes to the two grandsons. If the grandfather dies and has no son and no daughter, his inheritance goes to his son's sons.
This issue requires that the heirs be clearly and distinctly enumerated so that the person seeking a ruling is fully informed about the issue and its answer.
The Shaykh : Yes, male children exclude uncles from inheritance. As for children who are female, they receive their fixed shares, and the remainder goes to the nearest residuary heirs. If the uncles are the nearest residuary heirs, they are entitled to the remainder of the estate as residuary heirs. For example, if a person dies leaving two daughters and two uncles, in this case the two daughters receive two-thirds, and the remainder goes to the uncles, provided the uncles are full brothers or paternal brothers of the deceased. However, if the deceased leaves two daughters, two full brothers, and two full uncles, the two daughters receive two-thirds, and the two full brothers receive the remainder, with nothing for the uncles. This is because full brothers exclude uncles.
If a grandfather dies leaving two sons of his son, do the two grandsons inherit from him or not?
This requires a detailed explanation: If there are sons above them who exclude them, they have no inheritance. If the children above them do not exclude them, they inherit as residuary heirs.
An example of this is: If this grandfather dies leaving a son and two grandsons (sons of his son), the estate goes to the son, and the two grandsons receive nothing, because the son excludes them. If the grandfather dies leaving a daughter and two grandsons, the daughter receives half, and the remainder goes to the two grandsons. If the grandfather dies and has no son and no daughter, his inheritance goes to his son's sons.
This issue requires that the heirs be clearly and distinctly enumerated so that the person seeking a ruling is fully informed about the issue and its answer.